The Mandatory COVID-19 Vaccination of School Children: A Bioethical and Human Rights Assessment

Abstract

The COVID-19 infection fatality rate for children under the age of 17 is less than 0,003%. Children are at extremely low risk of severe illness from COVID-19, and children do not spread the illness in any significant way. Once a vaccine becomes widely available for schoolchildren, will lawmakers leave it up to parents and guardians to choose whether to vaccinate their children or will they mandate schoolchildren to get a COVID-19 vaccine to attend school? This article assesses both arguments for and against mandatory COVID-19 vaccination for school children. The article further analyzes applicable international bioethical and human rights norms and standards with regard to informed consent as contained in the various international treaties to hold states legally accountable for their actions under international law. To determine whether states may impose vaccine mandates for school children in terms of international human rights law, a proportionality test is applied. The critical focus of this article is explicating the rudiments of the bioethical and human rights standards relating to the mandatory COVID-19 vaccination of schoolchildren that must be confronted to ensure that children, that is, humanity’s most valuable asset for the future, are afforded their fundamental human rights. Ultimately, it highlights the importance that these international bioethical norms are built into decision-making by public authorities when measures to prevent the spread of infectious disease with a case fatality rate of less than 0,003% in children are instituted.